Further to our Sladen Snippet (here), we are reminding and encouraging businesses with interests in producing and selling wine (and who rely on the WET Rebate) to ensure they have properly secured trade mark registrations.

Trade Mark applications are filed with IP Australia and take a minimum of nine months to achieve registration (provided the application passes the stages of examination by IP Australia and a public opposition period of two months once the application has been accepted by IP Australia). However, once registered, that registration can be renewed every 10 years.

To ensure that you have secured trade marks in time for the new WET Rebate comes into force on 1 July 2018, wineries should apply to register trade marks from September 2017. Any applications that are filed any later, may not achieve registration in time to effectively rely on the WET Rebate.

It is important to note that not all names or labels that are affixed to wine bottles will be capable of registration. Names that describe the type or style of the wine or the location of the vineyard where the grapes are sourced or grown will not generally be capable of registration.

If you’d like assistance to secure your trade marks in time for the new WET Rebate comes into effect, feel free to contact Michelle Dowdle or Gizelle Manoli.

Michelle Dowdle
Special Counsel
T +61 3 9611 0114| M +61 408 674 256
E: mdowdle@sladen.com.au